header-logo header-logo

A model expert

21 February 2019 / Martin Burns
Issue: 7829 / Categories: Features , Profession , Expert Witness
printer mail-detail

Martin Burns reflects on the ever-changing role & duties of the expert witness

  • Being a technical expert does not necessarily make someone a good expert witness.

The use of experts to inform legal proceedings is nothing new. The ancient Romans, for example, occasionally employed handwriting specialists and land surveyors as legal experts. However, the systematic use of expert witnesses, and the routine admissibility of their testimony and subject matter expertise, really began to develop properly from around 250 years ago.

The model we recognise today whereby an expert witness is permitted to testify in court and provide opinion evidence can be traced to 1772. In the case of Folkes v Chadd, a civil engineer by the name of John Smeaton was instructed to provide testimony about technical issues concerning the development of a harbour at Wells-Next-The-Sea in Norfolk. The court’s decision in 1772, to use Smeaton’s opinion evidence to inform its substantive decision, was a starting point for a continuous expansion of expert testimony in court and other proceedings.

For

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll